LW7066 - Resolution of Disputes Outside Court (REDOC)

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What will I learn on this module?

This is a core module on the Bar Professional Training Course (BPTC) and delivered across the Bar Professional Training portfolio of courses at Northumbria University. It will meet the specifications set down by the Bar Standards Board to satisfy the professional stage of training for the Bar of England and Wales.

The module aims to provide you with knowledge and understanding of the various mechanisms for the resolution of disputes outside of courts or tribunals. It covers the various forms of alternative dispute resolution which exist at any time, during the litigation process or prior to appeal. These include mediation, arbitration, early neutral evaluation, expert determination, amongst others.

It focuses on the advisory, representational and advocacy skills required of barristers in such processes, with particular attention to the advantages offered by mediation in comparison to traditional adversarial litigation, and the encouragement of alternative mechanisms of dispute resolution by the judiciary.

It also examines the range of strategies and tactics which can be adopted in these types of alternative dispute resolutions, including negotiation, and does so in the context of developing students’ professional ethics and conduct skills.

Following completion of this module you will be able to demonstrate your knowledge and understanding of the range of methods of dispute resolution outside court and the ability to select cases which are particularly suited to this process, and the stage at which this should be undertaken.

How will I learn on this module?

The module will be delivered through a combination of large and small group sessions and directed learning. You will be expected to engage in some independent learning to consolidate your learning and prepare for group sessions, including investigation of factual and legal issues and providing practical legal advice.

The large group sessions will be delivered to the entire module cohort and will be used to introduce you to the major principles of dispute resolution out of court. These principles will be placed in context by considering them against relevant factual scenarios. During these sessions, procedural points will be explained and demonstrated in a transactional context and you will be encouraged to consider the module from a practical perspective.

The small group sessions are used to allow students to reinforce their knowledge of the knowledge of alternative dispute resolution and to practise methods involved across a broad range of scenarios. They will expand on the material covered in the large group sessions with emphasis on the use of practical scenarios as the basis for interactive dispute resolution sessions that apply that material to a scenario. During these sessions you will develop problem-solving and other legal skills, develop teamwork and both collective and individual presentation skills and implement your knowledge in a practical way to solve legal problems.

How will I be supported academically on this module?

The University is well placed to support you in learning and research with an excellent library and teaching facilities, access to on-line legal databases and resources and appropriate software.

This module will be managed by your designated Module Tutor who will be responsible for guiding you in your engagement and learning on the module. All relevant materials and instructions will be accessible online through the module eLP site, maintained by your Module Tutor, and will give guidance on legal skills, assessment and provide self-study materials. You may communicate with your Module Tutor by email or telephone and are encouraged to make contact if you encounter any difficulties relating to any aspect of the module.

Academic support is also available through feedback directly from your tutor in small group sessions and via the eLP and from your peers. At a programme level you will be supported by the Programme Leader and Personal Tutor who will provide pastoral support throughout the module and the programme as a whole.

The Programme Administration and Student Progress teams are responsible for the non-academic administration of the module; they will contact you throughout the duration of your module with details about assessment and other issues.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

What will I be expected to achieve?

Knowledge & Understanding:

• Have demonstrated an understanding of the law and practice of the range of methods of dispute resolution outside process in court, and an ability to select cases appropriate for each process together with an understanding of the appropriate stage at which to engage in each process


Intellectual / Professional skills & abilities:
• be able to select strategies and methods for conducting negotiation or representing the client at mediation that will further the client’s best interests including giving advice as to the steps that need to be taken in terms of documents, evidence and where necessary invoking the aid of the court to assist the process

• have demonstrated a basic level of mediation advocacy skills

Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):

• Have displayed a professional and responsible approach to the course, staff and other students, and to observe the Code of Practice in order to prevent exploitation of clients and preserve the integrity of the profession, maintaining the public’s trust and ensuring continuance of the provision of service

• Have acted in a fashion which demonstrates awareness of diversity, and is non-discriminatory

How will I be assessed?

The module will be assessed by one closed book 2 hour examination, comprised of Part A closed book multiple choice test (MCT) questions, set locally and marked electronically, plus Part B closed book short answer questions (SAQs), set and marked locally. Assessment will be such that a broad range of the syllabus is assessed and that any part of it may be assessed.

After the formative assessment students will be given a suggested answer guide on the eLP for the MCT and SAQ Parts of the "mock" assessment. Students will also receive oral feedback during the teaching sessions.

Small group sessions will be interactive, with pauses to allow for moderated question and answer sessions. Opportunities for role play will be included as formative exercises.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

The module provides you with knowledge and understanding of the mechanisms for the resolution of disputes outside of courts and the ability to select cases which are particularly suited to this, and the stage at which this should be undertaken. This is a burgeoning area which is increasingly important in civil and family disputes.

REDOC covers the various forms of alternative dispute resolution which include negotiation, mediation, arbitration, early neutral evaluation, and expert determination, amongst others. It also examines the range of strategies and tactics which can be adopted in these.

This is mostly taught through interactive small group sessions where there will be opportunities to engage in role-playing exercises for negotiation and mediation which will allow you to put theoretical knowledge to practical use in preparation for practice.

REDOC is assessed with a 2 hour closed-book examination comprising of 20 multiple choice Questions and 3 short answer questions.

What will I learn on this module?

This is a core module on the Bar Professional Training Course (BPTC) and delivered across the Bar Professional Training portfolio of courses at Northumbria University. It will meet the specifications set down by the Bar Standards Board to satisfy the professional stage of training for the Bar of England and Wales.

The module aims to provide you with knowledge and understanding of the various mechanisms for the resolution of disputes outside of courts or tribunals. It covers the various forms of alternative dispute resolution which exist at any time, during the litigation process or prior to appeal. These include mediation, arbitration, early neutral evaluation, expert determination, amongst others.

It focuses on the advisory, representational and advocacy skills required of barristers in such processes, with particular attention to the advantages offered by mediation in comparison to traditional adversarial litigation, and the encouragement of alternative mechanisms of dispute resolution by the judiciary.

It also examines the range of strategies and tactics which can be adopted in these types of alternative dispute resolutions, including negotiation, and does so in the context of developing students’ professional ethics and conduct skills.

Following completion of this module you will be able to demonstrate your knowledge and understanding of the range of methods of dispute resolution outside court and the ability to select cases which are particularly suited to this process, and the stage at which this should be undertaken.

Course info

Credits 6

Level of Study Postgraduate

Mode of Study 1 year full-time
1 other options available

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2019

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